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DECISION No

DECISION No. 166/2000/QD-BTC OF OCTOBER 17, 2000 STIPULATING THE IMPORT TAX RATES FOR A NUMBER OF EXPLOSION-PREVENTION MACHINERY AND EQUIPMENT USED EXCLUSIVELY FOR COAL PIT EXTRACTION

THE MINISTER OF FINANCE

Pursuant to the Government�s Decree No. 15/CP of March 2, 1993 on the tasks, powers and State management responsibility of the ministries and ministerial-level agencies;

Pursuant to the Government�s Decree No. 178/CP of October 28, 1994 on the tasks, powers and organizational apparatus of the Ministry of Finance;

Pursuant to the tax brackets prescribed in the Import Tariff according to the List of taxable commodity groups, issued together with Resolution No. 63/NQ-UBTVQH10 of October 10, 1998 of the Xth National Assembly Standing Committee;

Pursuant to Article 1 of the Government�s Decree No. 94/1998/ND-CP of November 17, 1998 detailing the implementation of the Law Amending and Supplementing a Number of Articles of Law No. 04/1998/QH10 on Import Tax and Export Tax of May 20, 1998;

After consulting the concerned ministries and branches; and at the proposal of the General Director of Tax,

DECIDES:

Article 1.- To apply the import tax rate of 0% (zero percent) to a number of explosion-prevention machinery and equipment exclusively used for coal pit extraction, if they fully meet the following conditions:

- They are included in the Appendix issued together with this Decision;

- They have not yet been produced in the country (with certification by the Ministry of Industry);

- They are imported for installation in pits in service of coal exploitation;

- They are imported by the Coal Corporation or its attached enterprises.

The goods headings on the List of Import Tariff inscribed for the machinery and equipment used exclusively for coal pit exploitation stipulated in this Decision shall not apply to all commodities of such headings, but only to those which are clearly named in the Appendix enclosed herewith.

Article 2.- Annually, the Ministry of Finance shall consider the adjustment of import tax rates of commodities prescribed in Article 1 of this Decision, in conformity with domestic production capability and international tax commitments.

Article 3.- Vietnam Coal Corporation shall have to bear full responsibility for the import and proper use of explosion-prevention equipment and devices used exclusively for coal pit exploitation. The stipulation of specific import tax rates for machinery and equipment used exclusively for coal pit exploitation shall be effected by December 31, 2005 at the latest.

By March 31 of next year at the latest, the Coal Corporation shall have to report to the Ministry of Industry and the customs office (where such goods are imported) the situation on the use of such machinery and equipment for coal pit exploitation already imported in the previous year. All cases of use for wrong purposes shall be subject to payment of import tax arrears and be sanctioned in strict accordance with the provisions of the Import Tariff and the Law on Import Tax and Export Tax.

Article 4.- This Decision takes effect and applies to import goods declarations already submitted to the customs offices as from October 25, 2000

For the Minister of Finance

Vice-Minister
VU VAN NINH